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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5557
Experience:  Exclusively practice labor and employment law.
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I have hearing at unemployment iwas let go did pass drug

Customer Question

I have hearing at unemployment iwas let go did pass drug test now they saying wiful misconduct
JA: Can you tell me what state this is in?
Customer: ct
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no iwas feeling sick but thet thought other stuff like iwas drinking I pass that test I work at job for 16 years no problems
Submitted: 11 months ago.
Category: Employment Law
Expert:  John replied 11 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job loss.

I'll need to ask you some preliminary questions before I can give you an answer to your question.

Do you dispute the results of the drug test or do you otherwise have a valid prescription for the drug?

Were you under the influence of the drug on the job? I.e., would the drug have had an adverse effect on your job performance in any way?

Customer: replied 11 months ago.
I have no prescription for drug
no was fine at work ihad plantitis foot swoolen I was walking in pain they took as I was drunk
Customer: replied 11 months ago.
they say broke job policy
Customer: replied 11 months ago.
I did dispute drug test positive for thc
Customer: replied 11 months ago.
I did not dispute the drug test sorry
Expert:  John replied 11 months ago.

Ok, so the strategy for your hearing ultimately is to show you were not under the influence of THC while on the job. Off work use of drugs that doesn't affect work performance is not misconduct as defined by the act. How do you make your case? - 1) if any co-employees witnessed your performance that date and can testify in your favor (i.e., that you weren't acting erratically), call the unemployment agency and have them subpoenaed to testify. You will also want to cross examine the employer witnesses on the fact that they did not witness you doing anything other than - limping? I suppose. If you have any medical records regarding your foot impairment you'll also want to introduce that as evidence to the hearing officer. Ultimately what you have to convey at the hearing is that you weren't under the influence, thus not not harming the employer's interests. The sub-theme of this is that off-work drug use did not in this case affect job performance.

Expert:  John replied 11 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.